Attorneys For Michael Flynn Say Newly Unsealed Documents Prove FBI Entrapment

Documents unsealed by a federal judge on Wednesday appear to show an internal FBI debate about how to handle the case against former national security adviser Michael Flynn, including how to proceed if he lied to them about his contacts with the Russian ambassador.

Flynn's lawyers say the materials—three FBI emails and one handwritten note—show the bureau trying to entrap Flynn, and strengthen his legal argument for the case to be dismissed.

Flynn pleaded guilty in 2017 to lying to the FBI and cooperated with investigators, but he has since changed course and is now accusing the government of misconduct and setting him up.

A decision on that question lies in the hands of Judge Emmet Sullivan, who has dismissed Flynn's previous allegations of government wrongdoing.

The newly unsealed documents, which date to January 2017, were handed over last week to Flynn's defense team by the Justice Department as part of a review of the case ordered by Attorney General William Barr.

The three emails relate to when agents should warn Flynn that he could be charged if he lied to them.

Flynn's supporters, however, have zeroed in on the fourth document--the handwritten note. It appears to show an internal debate within the bureau about how to handle the FBI's interview with Flynn, including whether to present him with detailed evidence if he lied to them about his conversations with the Russian ambassador.

Although it is not clear who wrote the notes, the initials "DD" at the top are an apparent reference to FBI Deputy Director Andrew McCabe, who was later dismissed by Attorney General Jeff Sessions for alleged "lack of candor."

The notes outline thinking about how the investigation might proceed: "Our goal is to determine if Mike Flynn is going to tell the truth [about] his relationship [with the] Russians," one bullet point notes.

Another suggests indecision about how to approach the interview with Flynn:

"I agreed yesterday that we shouldn't show Flynn [redacted] if he didn't admit," the author of the note says, adding, "I thought [about] it last night [and] I think we should rethink this."

That is followed by a dialectic about the investigation's aim:

"What is our goal? Truth/admission or to ... get him to lie, so we can prosecute him or get him fired?"

"If we're seen as playing games, WH will be furious," the author of the notes writes, concluding, "Protect our institution by not playing games."

While most parts of the emails are unredacted, significant chunks of the notes are blacked out. [Copyright 2020 NPR]